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Madras High CourtWP/2757/2015closed

Russel Timothy, v. The Union Of India,

2024-09-10Honourable Dr Justice Anita Sumanth,Honourable Mr.Justice G.Arul Murugan6 pages

2024:MHC:3373

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN and MP.Nos.1, 1 & 2 of 2015 WP.No.2757 of 2015 Russel Timothy ... Petitioner 1.The Union of India, Rep. by its Secretary, Ministry of Textiles, Udhog Bhavan, New Delhi - 110 011.

2.The Chairperson, Board of Governors (BOG) Near Gulmohar Park, Hauzkhas, New Delhi - 110 016.

3.The Director General, 1/6

4.Dr.Mrs.Anitha Mabel Manohar, Professor and Acting Director, Old Mahabalipuram Road, Taramani, Chennai-600 113.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari calling for the Records comprised in O.A.No:1028 of 2014 and quashing the Common Order dated 03.12.2014 reverting the Petitioner from Professor to Associate Professor passed in O.A.No:1028 of 2014 by the Central Administrative Tribunal, Madras Bench.

AND WP.No.2758 of 2015 Russel Timothy ... Petitioner 1.The Director General, 2.Dr.Mrs.Anitha Mabel Manohar, Professor and Acting Director, 2/6

Old Mahabalipuram Road, Taramani, Chennai-600 113.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the Records comprised in O.A.No:1416 of 2013 and quashing the Common Order dated 03.12.2014 passed in O.A.No:1416 of 2013 by the Central Administrative Tribunal, Madras Bench and consequently direct the 1st Respondent to revive the appointment of the Petitioner as Campus Director, NIFT-Chennai.

Case Nos.

For Petitioner For Respondents WP.2757 of 2015 Mr.G.Gokul for Mr.S.Prem Anand Mr.A.Kumaraguru (for R1) Senior Panel Counsel Mr.L.Chandrakumar for Mr.S.Kumaresan (for R2 & R3) Mr.V.Selvaraj (for R4) for Mr.K.Sridhar WP.2758 of 2015 Mr.G.Gokul for Mr.S.Prem Anand Mr.L.Chandrakumar for Mr.S.Kumaresan (for R1) Mr.V.Selvaraj (for R2) for Mr.K.Sridhar COMMON ORDER (Order of the Court was made by Dr.ANITA SUMANTH.,J) 3/6

A memo is filed by Mr.S.Kumaresan, learned counsel for R2 and R3 in WP.No.2757 of 2015 and for R1 in WP.No.2758 of 2015 to following effect:- 'It is respectively submitted that the Petitioner herein produced Ph.d degree certificate to the National Institute of fashion Technology (3rd respondent herein) the same is accepted in the seniority list published by the National Institute of fashion Technology in the year 2021.

Final Seniority list was published On 2.12.2022 therein this petitioner name published in Serial no.21 of the said list. Therefore the department will not "Revert" the petitioner from the Present position.

Hence this Hon'ble Court may please to accept the memo and Close the Writ Petitions Numbers. W.P.No.2757 of 2015 and W.P.No.2758/2015 and thus render Justice.'

2.In light of the assertion of learned counsel on behalf of the National Institute of Fashion Technology to the effect that the Ph.D. awarded to the petitioner till 2020 has been taken into account, the petitioner included in the panel for selection as Professor in the year 2021 and that he was appointed as Professor on and from 2021 onwards, the petitioner does not pursue these writ petitions.

3.Recording the memo, both the writ petitions are closed. No costs. Connected miscellaneous petitions are also closed. [A.S.M., J] [G.A.M., J] 10.09.2024 Index:Yes/No Speaking order To 4/6

1.The Secretary, Ministry of Textiles, Udhog Bhavan, New Delhi - 110 011.

2.The Chairperson, Board of Governors (BOG) Near Gulmohar Park, Hauzkhas, New Delhi - 110 016.

3.The Director General, 5/6

DR. ANITA SUMANTH,J.

and G. ARUL MURUGAN.,J W.P.Nos.2757 & 2758 of 2015 and MP.Nos.1, 1 & 2 of 2015 10.09.2024 6/6